Penalties increase for gasoline theft in state

By OLIVIA LLOYD
H-P Associate Editor

July 1, 2004 — Thinking about stealing gasoline? Think again. A new law taking effect July 1 will make filling up your automobile and driving off without paying for it a larceny in the state of Virginia.

Previously, the crime was viewed by the court system to be of the same caliber as a traffic violation. Offenders could receive a $100 maximum fine and lose their license for up to 30 days if found guilty. Now, a set of laws by Virginia state Delegates Ryan T. McDougle, R-Hanover, and William R. Janis, R-Henrico, will up the ante for potential gas-and-go criminals. “They treated it like it was a traffic offense basically,” Janis said, “and that didn’t make sense to us.

“Now the judges have the authority and the discretion to say … this is more like a traffic violation, this is more like a theft.” Under the new legislation, anyone who puts gasoline in their vehicle and drives off without paying for it could lose their license for 60 day to a year. They also may be prosecuted for larceny and will be subjected to a $100 fine.
In the commonwealth, three larceny convictions are equivalent to a felony. “If you’re going to steal gasoline, you’re going to go to jail for it and you will lose your license,” Janis said.

An increasing problem
As gas prices continue to rise, so do the number of gasoline thefts, said Dave McComas, president and CEO of Fas Mart convenience stores. Last month, the retail gas chain – which has 130 stores in Virginia, Maryland and Delaware — lost approximately $25,000 because of gas thefts, he said.

“It’s a lot of trouble,” McComas said, “particularly with the gasoline prices going through the roof.”Unlike other retail establishments, gasoline retailers pay taxes on their saleable product upfront. The current gas excise tax is 17.5 cents per gallon in Virginia and 18 cents per gallon on the federal level. The retailer pays these taxes when he or she first purchases the gas. They are then reimbursed through the sale of gasoline to consumers.
“Roughly we make less than 7 cents on the dollar,” McComas said.

However, when a person drives off without paying, the retailer not only loses the cost of the gas, he or she also loses the taxes already paid. “The worst part about [someone stealing gas] is we all pay for that,” McDougle said, “because the store owner has to factor the loss into the price. “In Hanover County, 37 gasoline thefts were reported between June 1, 2003 and June 30, 2004, said Lt. Doug Goodman of the Hanover Sheriff’s Office. The Fas Mart located on the 6100 block of Mechanicsville Turnpike was a victim of gasoline theft last Tuesday, McComas said.

Thefts in Ashland, however, have been low this year.” We have not had that big of a problem this time around,” said Ashland Police Chief Frederic Pleasants Jr. When the gas prices spiked a few years ago, he said, the police department received numerous calls for gasoline theft. This year, though, only 10 thefts have been reported since January, Pleasants said. Still, despite the fluctuating figures, the two delegates said they hope the new law will serve as a deterrent to any would-be gas-and-go criminal.

“People need to know if you steal gas it’s just as severe as if you steal anything else,” McDougle said, “and we’re not going to tolerate it.”